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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
- 0 replies
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Tbird, -
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
Picked By
Lemuel, -
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Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.Picked By
Lemuel, -
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Question
Berta
The Korean War Project has updated its site and has started many data bases that can help Korean War veterans -not only with claims such as AO claims but also help to provide something for their families to make sure that this "forgotten" war will NEVER be forgotten.
The history of the Korean War is very painful to read as well as very exciting-the endurance of the human spirit was tested over and over again in veterans of this war.
This is the email I got from Ted and Hal Barker and I certainly urge you all to check out their wonderful site-as they said they did have a crisis and it forced the site to close for a while-
The AO info is excellent and I wonder how many AO Korean vets have not even realised they were exposed to AO in Korea and may have a presumptive AO condition now.
"August 19th 2007
Korean War Project
PO Box 180190 Dallas Tx 75218
This message is going to each of our website visitors for whom we have
email addresses listed on the site.
The content is divided into two parts.
===============================================
Part I From Hal Barker: Ongoing Projects:
===============================================
1.) Unit Timeline Project
We have a great need for unit timelines so we can better identify last
known physical locations of servicemen lost in Korea. If you have your
unit timeline or would be willing to help create a timeline of
locations where the unit was in action, it would be very helpful. Using
our charting software, we will create a timeline for each unit for use
on the KWP.
For example, we need a timeline of all units serving at Outpost Harry.
This allows us to identify date of casualty with a physical location
and then we can map that location.
2.)Unit Roster Project
We are actively seeking unit rosters and any other information that
would identify unit Companies, Batteries, or Squadrons of servicemen
lost in Korea. The official databases available from the Department of
Defense often do not identify specific units to Company or Battery
level, but this information is needed to help to identify actual last
known locations of servicemen lost in Korea or in the waters
surrounding Korea.
We now have a database search for casualties from each unit by name and
by date of casualty. Small Unit information will allow use to tie all
our information together.
3.) Google Earth Mapping Project
We have begun to map the physical locations of Korean War units using
Google Earth. In conjunction with our Unit Timeline Project, we have
been able to identify and pinpoint over 700 physical locations
throughout North and South Korea. The project allows anyone with the
free Google Earth program and a high speed Internet connection to view
a specific location in Korea. Using the technology, we have overlaid
dozens of flat maps so a viewer can look at the flat map and then view
the actual satellite photograph of the terrain in 3D. The software is
the same software used by CNN and other news agencies for viewing
locations anywhere in the world.
We are seeking copies in color if possible of AMS 1:50,000 maps for
overlay on Google Earth either as digital copies or as flat paper maps.
In addition, if you have map overlays of specific location that you can
share, we need that overlay.
For example, Google Earth has very clear and sharp images of North
Korea and allow us to visually pinpoint locations at the Chosin
Reservoir, Unsan, all locations along the DMZ, and throughout South
Korea. The software allows almost ground level views of the terrain at
places like Kunu-ri, East of Chosin, and the Naktong Bulge.
FYI - GIS Software At The Korean War Project
We are now using Manifold 7x Enterprise for our mapping. If you are
experienced in GIS and would like to help with the Mapping Project,
please let us know. If you have students or family members who would
like to become involved, let us know.
4.) Agent Orange Project
Using Google Earth, we are also mapping the physical locations of all
known units exposed to Agent Orange along with physical coordinates.
Part of this project is to identify servicemen who have received Agent
Orange compensation and map the locations where exposure is confirmed.
If you would like to participate in this project, let us know.
Hal Barker, Executive Director, Korean War Project
===============================================
Part II KWP Pledge Drive
===============================================
This second part is our Pledge Drive where we ask for support for our
nonprofit in order to continue this online work. Most of our site
visitors do not help to defray our costs and we really need your help.
Our new website visitors will not have much on our background or our
needs. I direct you to our 'About the Project' section and our 'Membership' section on the site.
If you like what you see on the site, have derived benefit from
interaction via the site, please do help us.
This drive is directed at all those who have not previously assisted.
Each dollar helps the nonprofit to continue.
Recent Background:
Last October, events created a crisis that forced Hal and I to close
most of the site while we began work away from the KWP (October 16th
until December 26th, 2006).
Donations rolled in which helped to defray much of our outstanding
obligations and allowed us to reopen all areas.
Our IRS Tax filings may be seen on Guidestar.com, the official
nonprofit website for official filings. Annual revenue for the KWP
averages at $50,000.00 from 1997 to current date.
There is no corporate or governmental financing for our work.
Thanks for listening.
Ted and Hal Barker
Korean War Project 501c3 Tax Exempt Organization #752695041
Email: tbarker@kwp.org | hbarker@kwp.org
Phone: (214) 320-0342
===============================================
How to donate:
===============================================
See link: www.koreanwar.org/html/membership.html
USPS Mail
Credit Card By PayPal via the link on our Membership page.
New: telephone credit card orders for those who do not wish to use
online transactions."
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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